Abstract
This paper critically exposed the concept of statehood under international law. The paper adopted the doctrinal method of research with primary source of information drawn from laws, conventions, and treaties, while secondary sources drawn from textbooks and legal digests. The paper also identified the challenges of statehood under international law can be broken down into three broad categories. Foremost amongst all, is the issue of defining a state, there is no single, universally accepted definition of a state. This makes it difficult to determine whether a particular entity should be considered a state under international law, recognizing a state, the process of recognition is highly political, and not all states are recognized by other states. This can lead to confusion and conflict, application of international law, states that are not recognized may not be able to benefit from the protections of international law. This is since international law is not always clear or universally agreed upon. In addition, there is a tension between the rights of states and the rights of individuals. The paper made some succinct recommendations amongst which included that statehood should be viewed as a functional concept that should focus on the ability of an entity to perform the essential functions of a state, rather than on its specific form or structure, recognition of statehood should be based on objective criteria, such as effective control over territory, population, and government, rather than on subjective political considerations and that concept of Statehood should consider the changing nature of the international system, including the rise of global and regional organizations, the emergence of new states, and the growing importance of international law amongst others.
Keywords: Exposition, Statehood and International Law